HomeMy WebLinkAboutSCE - Southern California Edison - 2010-07-19 (5) `.j CrU�cc C�'S
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Council Meeting Date July 19 2010 Depart e t ID Number ED 10-027
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO Honorable Mayor and City Council Members
SUBMITTED BY Fred A Wilson City Administrator
PREPARED BY Jim B Engle Director of Community Services
Stanley Smalewitz Director of Economic Development
SUBJECT Approve and authorize execution of a five year License Agreement
with Southern California Edison (SCE) for public parkland located in
Arevalos Park
Statement of Issue
The City Council is asked to approve a five (5) year renewal of the License Agreement
between the City of Huntington Beach and Southern California Edison (SCE) for use of the
SCE right-of-way for Arevalos Park
Financial Impact The License Agreement fee will be $569 00 per year for the next five
(5) years Funds are budgeted in the Park Acquisition and Development (PA&D) Fund
20945101 70300
Recommended Action Motion to
Approve the License Agreement with Southern California Edison for Arevalos Park and
authorize the Mayor to execute the Agreement
Alternative Action(s)
Do not approve the License Agreement between the City and SCE for Arevalos Park and
discontinue the use of this property as parkland
-51- Item 4 - Page 1
REQUEST FOR COUNCIL ACTION
MEETING DATE 7/19/2010 DEPARTMENT ID NUMBER ED 10-29
Analysis
Since 1971 the City -has leased SCE property adjacent to Pegasus School (formerly
Arevalos Elementary School) for public parkland This property which is located between
the back side of the school and the Santa Ana River is approximately 2 6 acres and contains
a playground area and open space
The existing Agreement expired on March 31 2010 and the proposed Agreement will be a
five (5) year extension through March 2015 The City will pay a fee of $569 00 per year for
the next five (5) years which is approximately $200 per acre Funds are budgeted in the
Park Acquisition and Development Fund
SCE has prepared a new License Agreement which has been approved by the City Attorney
as well as the Economic Development and Community Services Departments
Environmental Status Not applicable
Strategic Plan Goal Maintain and Enhance Public Safety
Attachment(s)
•1,11 License Agreement between the City of Huntington Beach and SCE for
Park Purposes at Arevalos Park- Contract No 9000000003265
2 Aerial Map of Arevalos Park
Item 4 - Page 2 -52-
ATTACHMENT # 1
CITY OF HUNTINGTON BEACH
Contract No 9000000003265
(formerly Contract No 2145)
LICENS E AGREEMENT
INDEX
1 USE
2 TERM
3 CONSIDERATION
4 INSURANCE
5 LICENSORS USE OF THE PROPERTY
6 LICENSEE S IMPROVEMENTS
7 LICENSEES PERSONAL PROPERTY
8 HEIGHT LIMITATIONS
9 ACCESS AND CLEARANCES
10 PARKING
11 FLAMMABLES WASTE AND NUISANCES (MODIFIED)
12 PESTICIDES AND HERBICIDES
13 HAZARDOUS WASTE
14 SIGNS
15 FENCING
16 PARKWAYS AND LANDSCAPING
17 IRRIGATION EQUIPMENT
18 UNDERGROUND TANKS
19 UNDERGROUND FACILITIES
20 UTILITIES
21 TAXES ASSESSMENTS AND LIENS
22 EXPENSE
23 ASSIGNMENTS
24 COMPLIANCE WITH LAW
25 GOVERNING LAW
26 INDEMNIFICATION (MODIFIED)
27 TERMINATION
28 EVENTS OF DEFAULT
29 REMEDIES
30 NON POSSESSORY INTEREST
31 WAIVER
32 AUTHORITY
33 ATTORNEY FEES
34 ELECTRIC AND MAGNETIC FIELDS
35 NOTICES
36 RECORDING
37 COMPLETE AGREEMENT
ADDENDUM PARK USE (MODIFIED)
Contract No 9000000003265
(formerly Contract No 2145)
LICENSE AGREEMENT
THIS AGREEMENT, made as of the day of \V4447 20 /0
between SOUTHERN CALIFORNIA EDISON COMPANY (SCE), a corporation organized under the laws
of the State of California, hereinafter called Licensor , and CITY OF HUNTINGTON BEACH hereinafter
called Licensee ,
WITNESSETH That Licensor for and in consideration of the faithful performance by Licensee of the
terms covenants and agreements hereinafter set forth to be kept and performed by Licensee, does
hereby give to Licensee the license to use that certain real property described below and depicted on
Exhibit A attached hereto and made a part hereof the ( Property ) solely for the purpose hereinafter
specified upon and subject to the terms, reservations covenants and conditions hereinafter set forth
The subject Property is located in the City of Huntington Beach County of Orange, State of California
further described as follows
That portion of Section 5 Township 6 South, Range 10, West, San Bernardino Meridian
as per map recorded in Book 51 page 14 of Miscellaneous Maps in the office of the County Recorder of
said County, more particularly described as follows
Beginning at the Northeasterly corner of Lot 71 of Tract No 4707 as shown on a map of said Tract
4707 recorded in Book 209 page 33 through 35, inclusive, of Miscellaneous Maps Records in the
office of the County Recorder of said County, said Northeasterly corner also being located on the
Westerly line of the Southern California Edison Company Right of Way as described and recorded in
Book 4065 page 367 of Official Records in the office of the County Recorder of said County thence
North 14 0 31 IS East 702 20 feet more or less along said Westerly line of the Southern California
Edison Company Right of Way to the Southerly corner of Lot 38 of Tract No 4884 recorded in Book
189 pages 8 through 10, inclusive of Miscellaneous Maps Records in the office of the County
Recorder of said County, thence South 75 28 45 East 174 00 feet to a point on the Easterly line of
said Southern California Edison Company Right of Way thence South 140 31 IS West 702 20 feet,
more or less, along said Easterly line of said Southern California Edison Company Right of Way
thence North 75 27 45 West, 174 00 feet to the Point of Beginning
SUBJECT TO
Covenants, conditions, restrictions, reservations, exceptions, rights and easements,
whether or not of record
1 Use Licensee will use the Property for parks and/or public recreation purposes only
Licensor makes no representation covenant, warranty or promise that the Property is fit for any
particular use including the use for which this Agreement is made and Licensee is not relying on any
such representation covenant warranty or promise Licensees failure to make such use of the
Property as determined by the Licensor in its sole discretion will be grounds for immediate
termination of this Agreement in accordance with Article 28
2 Term Unless otherwise terminated as provided herein this Agreement will be in effect
for a term of five (5) years commencing on the first day of April, 2010 and ending on the last day of
March 2015 Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent
agreement, for any reason whatsoever regardless of the use Licensee makes of the Property the
improvements Licensee places on or makes to the Property, or for any other reason
1
3 Consideration Licensee will pay to Licensor the sum of Five Hundred Sixty Nine and
00/100 Dollars ($569 00) upon the execution and delivery of this Agreement for the first year, Five
Hundred Sixty Nine and 00/100 Dollars ($569 00) for each succeeding year of the Agreement Term
All payments subsequent to the initial payment will be paid to the Southern California Edison
Company Post Office Box 800, Rosemead, California 91770, Attention Corporate Accounting
Department - Accounts Receivable
All accounts not paid within 30 days of the agreed upon due date will be charged a late fee equal to ten
percent (10%) of the amount due
4 Insurance During the term of this Agreement, Licensee shall maintain the following
insurance
(a) Workers' Compensation with statutory limits in accordance with the laws of the State
of California and Employer's Liability with limits of not less than $1 000,000 00
Licensee shall require its insurer to waive all rights of subrogation against Licensor, its
officers agents and employees, except for any liability resulting from the willful or
grossly negligent acts of the Licensor
(b) Commercial General Liability Insurance, including contractual liability and products
liability with a combined single limit of$2 000 000 00 Such insurance shall (1) name
Licensor, its officers agents and employees as additional insureds but only for
Licensee's acts or omissions (11) be primary for all purposes and (111) contain standard
cross liability provisions
(c) Commercial Automobile Insurance with a combined single limit of$1 000 000 00 Such
insurance shall (i) cover the use of owned non owned and hired vehicles on the
Property and (ii) name Licensor its officers, agents and employees as additional
insureds
Licensee shall provide Licensor with proof of such insurance by submission of certificates of
insurance, pursuant to Section 35 "Notices " at least ten days prior to the effective date of this
Agreement Such insurance shall not be canceled nor allowed to expire nor be materially reduced
without thirty days prior written notice to Licensor, or provide a certificate of self insurance
5 Licensors Use of the Property Licensee agrees that Licensor its successors and
assigns, have the right to enter upon the Property at any time for any purpose, and the right to
conduct any activity on the Property Exercise of these rights by Licensor, its successors and assigns,
will not result in compensation to Licensee for any damages whatsoever to personal property and/or
crops located on the Property
6 Licensees Improvements Licensee must submit, for Licensors prior written approval
complete improvement plans including grading plans identifying all existing and proposed
improvements a minimum of sixty (60) days prior to making any use of the Property Licensee must
submit, for Licensors prior written approval plans for any modifications to such improvements
Written approval may be modified and/or rescinded by Licensor for any reason whatsoever At any
time Licensee may be required to modify and/or remove any or all such previously approved
improvements at Licensees risk and expense and without any compensation from Licensor Licensor
is not required at any time, to make any improvements alterations changes or additions of any
nature whatsoever to the Property Licensee expressly acknowledges that any expenditures or
improvements will in no way alter Licensors right to terminate in accordance with Article 27
2
7 Licensees Personal Property All approved equipment and other property brought,
placed or erected on the Property by Licensee shall be and remain the Property of Licensee except as
otherwise set forth herein If Licensee is not in default hereunder, Licensee shall have the right to
remove the same from the Property at any time prior to the expiration or earlier termination of this
Agreement provided however that Licensee shall promptly restore any damage to the Property
caused by the removal If Licensee is in default, however such equipment or other property shall not
be removed by Licensee without Licensors written consent until Licensee has cured such default, and
Licensor shall have a hen thereon to the extent thereof
8 Height Limitations Any equipment used by Licensee or its agents employees or
contractors, on and/or adjacent to the Property will be used and operated so as to maintain a
minimum clearance of twenty-seven (27) feet from all overhead electrical conductors
All trees and plants on the Property will be maintained by Licensee at a maximum height
of fifteen (15) feet If requested by Licensor, Licensee will remove at Licensee's expense, any tree
and/or other planting
9 Access and Clearances Licensee will provide Licensor with adequate access to all of
Licensors facilities on the Property and at no time will there be any interference with the free
movement of Licensors equipment and materials over the Property Licensor may require Licensee to
provide and maintain access roads within the Property, at a minimum usable width of sixteen (16)
feet together with commercial driveway aprons and curb depressions capable of supporting a gross
load of forty (40) tons on a three axle vehicle The minimum width of all roads shall be increased on
curves by a distance equal to 400/inside radius of curvature All curves shall have a radius of not less
than 50 feet measured at the inside edge of the usable road surface Unless otherwise specified in
writing by Licensor Licensee will make no use of the area directly underneath Licensors towers and
will maintain the following minimum clearances at all times
a A 50 foot radius around suspension tower legs and 100 foot radius around
dead end tower legs
b A 10 foot radius around all steel and wood poles
NOTE Additional clearance may be required for structures
10 Parking Licensee will not park store repair or refuel any motor vehicles or allow
parking storage repairing or refueling of any motor vehicles on the Property unless specifically
approved in writing by Licensor
11 Flammables, Waste and Nuisances (MODIFIED) Licensee will not, nor allow others to
place or store any flammable or waste materials on the Property or commit any waste or damage to the
Property or allow any to be done Licensee will keep the Property clean, free from weeds, rubbish and
debris and in a condition satisfactory to Licensor Licensee will be responsible for the control of and
will be liable for any damage or disturbance, caused by dust, odor, flammable or waste materials
noise or other nuisance disturbances r,,,o„ssoo wi-1- r„t p Mit dogs a the Pr rerty
12 Pesticides and Herbicides Any pesticide or herbicide applications and disposals will
be made in accordance with all federal, state county and local laws Licensee will dispose of all
pesticides herbicides and any other toxic substances declared to be either a health or environmental
hazard as well as all materials contaminated by such substances including but not limited to,
containers, clothing and equipment in the manner prescribed by law
13 Hazardous Waste Licensee will not engage in or permit any other party to engage in
any activity on the Property that violates federal state or local laws, rules or regulations pertaining to
hazardous, toxic or infectious materials and/or waste Licensee will indemnify and hold Licensor, its
directors, officers agents and employees, and its successors and assigns, harmless from any and all
3-
claims, loss, damage actions, causes of action expenses and/or liability arising from leaks of, spills
of and/or contamination by or from hazardous materials as defined by applicable laws or regulations,
which may occur during and after the Agreement term, and are attributable to the actions of, or failure
to act by Licensee or any person claiming under Licensee
14 Suns Licensee must obtain written approval from Licensor prior to the construction
or placement of any sign, signboard or other form of outdoor advertising
15 Fencing Licensee may install fencing on the Property with prior written approval from
Licensor Such fencing will include double drive gates, a minimum of sixteen (16) feet in width,
designed to accommodate Licensors locks in locations specified by Licensor Licensee will ground
and maintain all fencing
16 Parkways and Landscaping Licensee will keep parkway and sidewalk areas adjacent
to the Property free of weeds and trash Licensee will maintain parkways and provide landscaping that
is compatible with adjoining properties and that is satisfactory to Licensor
17 Irrigation Equipment Any irrigation equipment located on the Property prior to the
commencement of this Agreement, including but not limited to pipelines well pumping equipment and
other structures, is the property of Licensor and will remain on and be surrendered with the Property
upon termination of this Agreement Licensee will maintain, operate repair and replace if necessary
all irrigation equipment at its own expense
18 Underground and Above Ground Tanks Licensee will not install underground or
above-ground storage tanks as defined by any and all applicable laws or regulations without
Licensors prior written approval
19 Underground Facilities Any underground facilities installed or maintained by Licensee
on the Property must have a minimum cover of three feet from the top of the facility and be capable of
withstanding a gross load of forty (40) tons on a three axle vehicle Licensee will compact any earth
excavated to a compaction of ninety percent (90%) Licensee will relocate its facilities at its own
expense so as not to interfere with Licensors proposed facilities
20 Utilities Licensee will pay all charges and assessments for, or in connection with
water electric current or other utilities which may be furnished to or used on the Property
21 Taxes. Assessments and Liens Licensee will pay all taxes and assessments which may
be levied upon any crops personal property, and improvements, including but not limited to
buildings, structures, and fixtures on the Property Licensee will keep the Property free from all liens,
including but not limited to mechanics liens and encumbrances by reason of use or occupancy by
Licensee, or any person claiming under Licensee If Licensee fails to pay the above mentioned taxes,
assessments or hens when due Licensor will have the right to pay the same and charge the amount to
the Licensee All accounts not paid within 30 days of the agreed upon due date will be charged a late
fee on all amounts outstanding up to the maximum rate allowed by law
22 Expense Licensee will perform and pay all obligations of Licensee under this
Agreement All matters or things herein required on the part of Licensee will be performed and paid
for at the sole cost and expense of Licensee without obligation on the part of Licensor to make
payment or incur cost or expense for any such matters or things
23 Assignments This Agreement is personal to Licensee and Licensee will not assign
transfer or sell this Agreement or any privilege hereunder in whole or in part and any attempt to do so
will be void and confer no right on any third party
4
24 Compliance with Law Licensee will comply with all applicable federal, state county
and local laws, all covenants conditions and restrictions of record and all applicable ordinances
zoning restrictions rules regulations orders and any requirements of any duly constituted public
authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent
thereto Licensee will obtain all permits and other governmental approvals required in connection with
Licensees activities hereunder
25 Governing Law The existence, validity construction operation and effect of this
Agreement and all of its terms and provisions will be determined in accordance with the laws of the
State of California
26 Indemnification (MODIFIED) Licensee shall hold harmless defend and indemnify
Licensor, its officers agents and employees and its successors and assigns, from and against all
claims loss damage, actions causes of actions expense and/or liability arising from or growing out
of loss or damage to property including that of Licensor, or injury to or death of persons, including
employees of Licensor resulting in any manner whatsoever directly or indirectly, by reason of this
Agreement or the use or occupancy of the Property by Licensee or any person claiming under Licensee
except that the Licensee shall not be required to indemnify the Licensor from any claims arising from
the sole negligence or willful misconduct of the Licensor its officers agents or employees
Licensee understands and acknowledges that it has maintained a non-possessory interest and
occupancy of the Property for the entire term as specified in its prior License Agreement with Licensor
dated as of April 1 2005 and has continued to maintain such occupancy from the termination date of
such License Agreement up to and through the date upon which this Agreement is executed, all in
accordance with the terms covenants and conditions specified in the prior Agreement By executing
this Agreement, Licensee hereby agrees that the terms and obligations of Licensee under Article 26 of
the prior License Agreement shall be effective and binding upon Licensee throughout the period the
Licensee remained in occupancy on the Property up to the date upon which this Agreement is
executed
27 Termination This Agreement may be canceled and terminated by either Licensor or
Licensee, at any time for any reason, upon thirty (30) days notice in writing Licensee will peaceably
quit surrender and prior to termination date restore the Property to a condition satisfactory to the
Licensor Termination, cancellation or expiration does not release Licensee from any liability or
obligation (indemnity or otherwise) which Licensee may have incurred Licensees continued presence
after termination shall be deemed a trespass
28 Events of Default The occurrence of any of the following shall constitute a material
default and breach of this Agreement by Licensee
(a) Any failure by Licensee to pay the consideration due in accordance with Article 3, or to
make any other payment required to be made by Licensee hereunder when due
(b) The abandonment or vacating of the Property by Licensee
(c) Any attempted assignment or subletting of this Agreement by Licensee in violation of
Article 23
(d) The violation by Licensee of any resolution, ordinance, statute code regulation or
other rule of any governmental agency in connection with Licensees activities
pursuant to this Agreement
(e) A failure by Licensee to observe and perform any other provision of this Agreement to
be observed or performed by Licensee where such failure continues for the time period
specified in a written notice thereof by Licensor to Licensee
5
(fl Any attempt to exclude Licensor from the licensed premises
(g) The making by Licensee of any general assignment for the benefit of creditors the
appointment of a receiver to take possession of substantially all of Licensees assets
located on the Property or of Licensees privileges hereunder where possession is not
restored to Licensee within five (5) days, the attachment execution or other judicial
seizure of substantially all of Licensees assets located on the Property or of Licensees
privileges hereunder, where such seizure is not discharged within five (5) days
(h) Any case proceeding or other action brought against Licensee seeking any of the relief
mentioned in clause g of this Article which has not been stayed or dismissed within
thirty (30) days after the commencement thereof
29 Remedies In the event of any default by Licensee, then in addition to any other
remedies available to Licensor at law or in equity Licensor shall have the immediate option to
terminate this Agreement and all rights of Licensee hereunder by giving written notice of termination
to Licensee Upon termination Licensor will have the right to remove Licensees personal property
from the Property including but not limited to, buildings structures and fixtures In addition
Licensor may immediately recover from Licensee all amounts due and owing hereunder, plus interest
at the maximum rate permitted by law on such amounts until paid as well as any other amount
necessary to compensate Licensor for all the detriment proximately caused by Licensees failure to
perform its obligations under this Agreement
30 Non-Possessory Interest Licensor retains full possession of the Property and Licensee
will not acquire any interest temporary permanent irrevocable, possessory or otherwise by reason of
this Agreement or by the exercise of the permission given herein Licensee will make no claim to any
such interest Any violation of this provision will immediately void and terminate this Agreement
31 Waiver No waiver by Licensor of any provision hereof shall be deemed a waiver of any
other provision hereof or of any subsequent breach by Licensee of the same or any other provision
Licensors consent to or approval of any act shall not be deemed to render unnecessary the obtaining
of Licensors consent to or approval of any subsequent act by Licensee
32 Authority This Agreement is pursuant to the authority of and upon and is subject to
the conditions prescribed by General Order No 69 C of the Public Utilities Commission of the State of
California dated and effective July 10, 1985, which General Order No 69 C, by this reference is
hereby incorporated herein and made a part hereof
33 Attorneys Fees In the event of any action suit or proceeding against the other,
related to this Agreement or any of the matters contained herein, the successful party in such action
suit or proceeding shall be entitled to recover from the other party reasonable attorney fees incurred
34 Electric and Magnetic Fields ("EMF ) There are numerous sources of power frequency
electric and magnetic field ("EMF"), including household or building wiring, electrical appliances and
electric power transmission and distribution facilities There have been numerous scientific studies
about the potential health effects of EMF Interest in a potential link between long term exposures to
EMF and certain diseases is based on the combination of this scientific research and public concerns
While some 30 years of research have not established EMF as a health hazard, some health
authorities have identified magnetic field exposures as a possible human carcinogen Many of the
questions about specific diseases have been successfully resolved due to an aggressive international
research program However potentially important public health questions remain about whether
there is a link between EMF exposures in homes or work and some diseases including childhood
leukemia and a variety of other adult diseases (e g adult cancers and miscarriages) While scientific
6
research is continuing on a wide range of questions relating to exposures at both work and in our
communities, a quick resolution of the remaining scientific uncertainties is not expected
Since Licensee plans to license or otherwise enter SCE's property that is in close proximity to SCE's
electric facilities, SCE wants to share with Licensee and those who may enter the property under this
agreement, the information available about EMF Accordingly SCE has attached to this document a
brochure that explains some basic facts about EMF and that describes SCE's policy on EMF SCE
also encourages Licensee to obtain other information as needed to assist in understanding the EMF
with respect to the planned use of this property
35 Notices All notices required to be given by either party will be made in writing and
deposited in the United States mail, first class, postage prepaid addressed as follows
To Licensor Southern California Edison Company
Real Properties Department
Land Asset Management Land Operations
2131 Walnut Grove Avenue
Rosemead, CA 91770
To Licensee City of Huntington Beach
P O Box 190
Huntington Beach CA 92648
Attn Tina Krause
Business Telephone No (714) 536 6551
Licensee will immediately notify Licensor of any address change
36 Recording Licensee will not record this Agreement
7
37 Complete Agreement Licensor and Licensee acknowledge that the foregoing provisions
and any addenda and exhibits attached hereto constitute the entire Agreement between the parties
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed in duplicate as
of the day and year herein first above written
SOUTHERN CALIFORNIA EDISON COMPANY
By \�o th fl5`t'� ;rV\,)�A, i
C LICENSOR
MARISOL R SANCHEZ
Land Services Agent
Land Asset Management Metro
Real Properties Department
Transmission Commercial Mana eg ment
Date 5 - 1 0
Ap roved B
CITY OF HUNTINGTON BEACH
y- 0,444 '1 A
LICENSEE
Print Name 6q�o, ��
APPROVED AS TO FOR Vi
JENNIFER McGRATH Caty Attairz,
By \ 0
Depu ity homey 02. \o
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ADDENDUM
(MODIFIED)
PARK USE
A Licensee must obtain the prior written approval from Licensor for the installation of any
facilities including any subsequent modifications Licensee will maintain all facilities in a safe
condition satisfactory to Licensor
B At any time, Licensor may require the relocation of any portion of the facilities Licensee will
relocate same at its expense to a location satisfactory to Licensor within sixty (60) days after
receiving notice to relocate from Licensor
C At Licensee's expense, Licensee will post signs at all access points to the Property that read
"No Kite Flying Model Airplanes or Metallic Balloons Permitted, High Voltage Wires Overhead "
D At Licensee's expense Licensee will post signs at all access points of the Property that read
"No Motorcycles Motorbikes, Horseback Riding or Hunting Permitted "
E Licensee must close the park at any time Licensor deems it necessary for the safety of the
general public If it is necessary to close the park for a period of more than three days Licensee
will notify the general public of the closure by posting at all access points to the property
F At Licensees expense Licensee will install removable post type barriers designed to
accommodate Licensor's locks to prevent unauthorized vehicular use or parking including but
not limited to motorcycles, off road vehicles and "all terrain vehicles
G Trespass discouragers shall be installed on Licensors towers The discourager installation will
be performed by SCE Licensee shall pay SCE in advance for all SCE direct and indirect costs
associated with the engineering, purchase, and installation of the discouragers All towers
shall be equipped with signs so worded as to warn the public of the danger of climbing the
towers Such signs shall be placed and arranged so that they may be read from the four
corners of the structure Such signs shall be neither less than 8 feet nor more than 20 feet
above the ground except where the lowest horizontal member of the tower or structure is more
than 20 feet above the ground in which case the sign shall be not more than 30 feet above the
ground
H Licensee must design and construct all walkways, underground sprinkler systems, lighting
facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a three-
axle vehicle
I Licensee may allow leashed dogs within the Property subject to all applicable leash sanitary,
and other safety ordinances and such other laws or regulations governing dogs In addition,
the property may not be used as a "dog park" nor may Licensee allow guard dogs on the
Property
The City shall ensure that no owner or keeper of a dog shall allow, permit or suffer such dog
whether licensed or unlicensed to be run at large within the Licensed Area unless such dog is
securely restrained by a substantial leash not exceeding six (6) feet in length and such owner
or keeper is competent to keep such dog under effective control
APPROVED AS TO FORK
JENNIFER McGRATH City Attorney Licensee s Initials
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4iloCity ®f Huntington Beach
2000 Main Street ® Huntington Beach, CA 92648
OFFICE OF THE CITY CLERK
JOAN L FLYNN
CITY CLERK
July 23 2010
Southern California Edison Company
Real Estate Department
2131 Walnut Grove Avenue
Rosemead CA 91770
To Whom it May Concern
Enclosed for your records are four fully executed duplicate originals of the License
Agreements between the City of Huntington Beach and Southern California Edison for (1)
Traffic Signal on Center Drive at One Pacific Plaza �Are—valos Park,a(3) Edison Park and
(4) Edison Community Park —
Sincerely
Joan L Flynn CMC
City Clerk
JF pe
Enclosures
G followup agrmtltr
Sister Cities Anjo Japan • Waitakere New Zealand
(Telephone 714 536 5227)